ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AMENDING SECTIONS 1.10.030, "CORRECTION
NOTICE AND ADMINISTRATIVE CITATION
ISSUANCE PROCEDURES," AND 1.10.150,
"ADMINISTRATIVE FEE; SATISFACTION OF
LIEN" OF THE MERCED MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Section 1.10.130,
"Correction Notice and Administrative Citation Issuance Procedures," of the Merced Municipal Code is hereby amended to read as follows:
"1.10.030 Correction Notice and Administrative
Citation Issuance Procedures.
A. A Correction Notice may be issued to the
Responsible Party as a warning the first time a violation of this Code occurs. If the violation is not corrected by the compliance date, an Administrative Citation shall be issued for the violation(s).
B. Before issuing an Administrative Citation for any
violation of a building, plumbing, electrical, or similar structural or zoning matters that do not create n
immediate danger to health or safety, the Enforcement
Officer must first issue a written Correction Notice to the Responsible Party for the violation. A reasonable time, not less than ten (10) days, shall be provided to remedy or correct the violation prior to the issuance of an
Administration Citation and imposition of fines or
penalties. In determining what is a reasonable time, the Enforcement Officer may consider the estimate of local
professionals, including licensed contractors.
X:\Ordinances\2024\City AttorneylAmendment to Admin Cites Sections 1.10.130 & 1.10.150.docx 1 C. When a Correction Notice or Administrative
Citation is issued, service will be effected as follows:
The Enforcement Officer shall attempt to
locate and personally serve the Responsible
Party and obtain the signature of the
Responsible Party on the Correction Notice
or Administrative Citation.
If the Responsible Party served refuses or
fails to sign the Correction Notice or
Administrative Citation, the failure or
refusal to sign shall not affect the validity of
the Correction Notice or Administrative
Citation or of subsequent proceedings.
If the Enforcement Officer is unable to
locate the Responsible Party, the Correction
Notice or Administrative Citation shall be
mailed to the Responsible Party by regular
retira ne bey eriested, to pos and prepaid.
'eturn receipt requested
shown on the last equalized assessment roll
available or as known to the Enforcement
Officer.
4. If the Enforcement Officer does not succeed
unsuccessful, the Enforcement Officer shall
post the Correction Notice or Administrative
Citation on any real property within the City
where the City has knowledge that the
Responsible Party has a legal interest, and
such posting shall be deemed effective
service.
D. Service of a Correction Notice or an
Administrative Citation which is personally served shall be deemed complete at the time of such personal service.
X: Ordinances 2024 City AttorneylAmendment to Admin Cites Sections 1.10.130 & 1.10.150 docx:
2 Service of a Correction Notice or an Administrative
Citation which is served by regular mail shall be deemed complete on the date the Correction Notice or
Administrative Citation is deposited in the mail."
SECTION 2. AMENDMENT TO CODE. Section 1.10.150,
"Administrative Fee; Satisfaction of Lien," of the Merced Municipal Code is hereby amended to read as follows:
"1.10.150 Administrative Fee; Satisfaction of Lien.
A. Each Responsible Party against whose property an
assessment is levied pursuant to this Chapter shall
also be assessed an administrative fee based on the
costs incurred in levying the assessment. The
administrative fee shall be included in the lien
amount and recorded against the Responsible
Party's property.
B. Once the City receives full payment for
outstanding principal, penalties, and costs,
the Finance Officer, or designee, will
provide the Responsible Party or financial
institution with a release of lien for
recordation by the County Recorder of the
County of Merced. This notice of
satisfaction will cancel the City's lien.
C. Prospective purchasers of real property
encumbered by a lien resulting from any
violation of this Code shall be subject to
certain covenants, conditions, and
restrictions to facilitate the transfer of real
property and remedy the existence of any
outstanding violations and satisfaction of
any costs thereof
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
X:\Ordinances\2024\City Attornev\Amendment to Admin Cites Sections 1.10.130 & 1.10.150.docx 3 SECTION 4. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the _ _day of , 2024, and was passed and adopted at a regular meeting of said City Council held on the _day of , 2024, by the following called vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
APPROVED:
MATTHEW SERRATTO, MAYOR
Mayor
X:\Ordinances\2024\City Attorney Amendment to Admin Cites Sections 1.10.130 & 1,10.150.docx 4 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:_
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Gaig Cornell 5/16/2024
Date
X: \Ordinances\2024\City Attorney/Amendment to Admin Cites Sections 1.10.130 & 1.10.150.docx 5